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HomeMy WebLinkAboutC2005-580 - 9/29/2005 - NAAGREEMENT Wn'H EVELYN HAVlJK This Agreement (the -.~reement") is made between Evelyn Havtlk landlord for house Iocat~l at ~'~'-~ ~-~ '~-. , Corpus Chr~, mexas,~ ("HOUSING PROVIDERS), a T~b[as corporation, and the City of Corpus Christi, Texas (the "City'), a municipal corpore'do~. WHEREAS, on Sep~nber 2, 2005, the Office of the Governor requeated Corpus Christi's assistance to provide shelter to assist ap~mxJrnately 3,000 beof~e who were displaced as a meult of Hurricane K~trtna ("evacuees"); WHEREAS, approximately 400 evacueea remain housed in Corpus Christi shelters; WHEREAS, the evacuees require housing; NOW, THEREFORE, in considera'6on of the mutual covenants in this Agreement, the City and the HOUSING PROVIDER (each, the 'Party') authorized by approl>da~ actions of their governing bodies, agree as follows: ~ Purocee. The purpose of this Agreement is for HOUSING PROVIDER to provide housing to evacuees on mo.[h-to-rnonth basis. 2 Res~>r~bil~ of the HOUSING PROVIDER. A. HOUSING PROVIDER shall provide housing, and to the extent possible, provide furniture and utilities to evacuees. B. HOUSING PROVIDER may charge for deposit for evacuee ho~ing that is equivalent to tt~e usual and customary amount charged other lessees. C. HOUSING PROVIDER shell bill the City monthly evacuee housing cce~ which are deemed allowable for reimbursement by FEMA. D. The HOUSING PROVIDER agrees to record its expenditures under His Agreement o~ a regular basis. The HOUSING PROVIDER agrees to provide the City wib~, a copy of the HOUSING PROVIDER expenditures and suplx~ng documents on a weekly basis. E. The HOUSING PROVIDER agrees and ac~n~ that the City shall only reimburse the HOUSING PROVIDER's costs If such costs are deemed reimbursable by FEMA. The HOUSING PROVIDER shall be respons~le for ali costs which are not reimbursed to City by FEMA. r- HOUSING PROVIDER agrees to provide City with at least 60 days advance w,~mn notice prior to initiating any attempt to remove any evacuee from housing 1 Ill, Ilk. F~eha to allow City sufficient ~ to either nagotta~e solution with HOUSING PROVIDER or obbiin altematJve houalng for evacuee. G. The Housing Provider shall offer housing services at rates equivalent to other lessor r,.,[e~ in the same complex. H Housing Provide~ may exercise its ~ary policie~ and procedures i~ eligibility deb~rmination, tenant obligations, and leasing not addressed by this 3 Reaoor~bll~ of the CS. A City agrees to compensate HOUSING PROVIDER for any allowable FEMA B City ia not liable for any coats not reimbursed to City by FEMA. 4 Imolementafion. The City Manager and Manager for the HOUSING PROVIDER are authorized and directed to take all step~ necessary or convenient to implermmt this Agreement. 5 Wanantv. This Agreement has been officially authorized by the governing body of the City and the HOUSING PROVIDER, and each Ngnato~ to this Agreement guarantees and warra~ia that the signatory has full auttmrity to execute this Agreement and to legally bind their resbeciJve party to this 6 Adminialn~dve Services. The City and the HOUSING PROVIDER agree to provide administrative services rmceaaary to coordinate this Agreement, including providing the other party wfth a currant list of contact InformaUon for each party. 7 Ex~endlna Funds. Any payment made by the HOUSING PROVIDER or the City for any of the coat~ or expenses that either incurs pursuant to this Agreement shall be made out of current revenues available to the pa~ng party. 8 Term and Terrains'don. Once approved by all Parties, this Agreement shall continue for a initial term of three months. This agmernerff may be extended for an additional three month term if approved by ~ City of Corpus Christi This Agreement may be terminabecl with or without cause by either party upon two mor,U,s Wm~"u~n notice to the non-terminating party. 9 Sevemhilitv. If any portion of this Agreement, or ~ application to any pemon or circumstance, shall ever be held to be invalid or unconattb, dJonal by any court of competent jurisdicticm, the remainder of this Agreewmnt shall not be affected and shall continue to be e~[orcaable In accordance wtth its terms. 10. Omi and Written A~7~. Ail oral or w~"~n Agreen~nts between ~ Parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 11. Immunity not Waived. Nothing in this Agreement ia Intended, nor may It be deemed, to waive any governmental, official, or other immunity or defenae of any of the Parties or their officers, employees, representatives, and agent~ al a rasuIt of the execution of this Agreement and the performance of Ire covenants contained in this Agre~nt. 12. Breach. Any breach of this Agreernent now or thmugh the torm ahaH render the Agreement null and void. 13. Notices. Any notice, corm~oondence or payment made pursuant to this Agreement must be made by (a) depcerdng the same In the United States rnaJl, postage prel3aid, addressed as follows, or (b) dallverlng the same to the offer Party. Any notice given in accordance with (a) shall be effective upon dep(x~ in the United States mail, and the addresses of the ParlJea shall, until changed by wrltte~ notice, be as follows: To the City: City of Corpus Chdsti City Manager P. O. Box 9277 Corpus Chda'd, Texas 78469-9277 To ~ HOUSING PROVIDER: Evelyn Havlik 410 W. Clark Corpus Christi, Texas 78415 14. Amendrn~i~ or Countefoarl~. This Agreement may not be amended except by w~;U~n Agreement approved by the authorized representaflve~ of the ParUee. This Agreement may be executed in one or more courrterparls, each of which shall be deemed an original and all of which ~hall conaUtute but one and the same irmtTument. 15. Caotions. Captions to provisions of this Agreement are for convenience and shall not be considered In the interp,,~Gon of the provtmlons. 16. Governing Law end Venue. This Agreement ~hall be governed bythe laws of the State of Texas. 'The parties agree to comply ~ all applicable Federal, State and Local laws, rules, and regulations, including all applicable houalng and landlord tenant law~. Venue for an ecUon arising under this Agreement shall be in the courts of Nuece~ County, Texas. ! 7. A~m'oval. Ail Parties identified below agree to the provialor~ and terrn~ o~ CITY OF CORPUS CHRISTI By: ,~;.~ _ I,.....~. ~ Noe, City Manager Date: <.,,,4~'1'. ,3.,~. A,opmved as to legal form: L~a Agullar Assistant City Attorney for City Attorney (-. ,--'~ . ~ 2005